Notice of Intent to Offer Self-Authenticating Records Pursuant to FRE 902 by USA — USA v. Okojie (Dkt. 46, S.D. Ga.)

Record facts

U.S. District Court for the Southern District of Georgia · No. 4:22-cr-00084-LGW-BWC · Doc. 46 · 2022-10-26 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
 
SOUTHERN DISTRICT OF GEORGIA 
 
SAVANNAH DIVISION 
 
UNITED STATES OF AMERICA   ) 
 
 
 
 
 
 
) 
v. 
 
 
 
 
) 
Case:  4:22-cr-084 
) 
BERNARD OKOJIE 
 
 
) 
 
 
 
 
 
UNITED STATES’ NOTICE OF INTENT TO OFFER 
SELF-AUTHENTICATING RECORDS PURSUANT TO F.R.E. 902 
 
 
The United States notifies the Court and counsel of its intent to offer at trial 
29 sets of self-authenticating records from 22 custodians pursuant to Federal Rule of 
Evidence 902.  
 
First, the United States intends to offer at trial self-authenticating records 
from AT&T pursuant to Federal Rule of Evidence 902(11) and (13). Said records 
consist of telephone records and related documents. Said records are accompanied by 
a certification of a qualified custodian that meets the requirements of Rules 902(11) 
and (13) and 803(6)(A)–(C). See Ex. A. 
 
Second, the United States intends to offer at trial self-authenticating records 
from Bank of America pursuant to Federal Rule of Evidence 902(11). Said records 
consist of bank records relating to Defendant and related companies and individuals, 
and related documents. Said records are accompanied by a certification of a qualified 
custodian that meets the requirements of Rules 902(11) and 803(6)(A)–(C). See Ex. B. 
 
Third, the United States intends to offer at trial self-authenticating records 
from Benworth Capital Partners (“Benworth Capital”) pursuant to Federal Rule of 
Evidence 902(11). Said records consist of documents relating to Defendant’s Paycheck 
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Protection Program (PPP) loan, application, and related records. Said records are 
accompanied by a certification of a qualified custodian that meets the requirements 
of Rules 902(11) and 803(6)(A)–(C). See Ex. C. 
 
Fourth, the United States intends to offer at trial self-authenticating records 
from Cadence Bank pursuant to Federal Rule of Evidence 902(11) and (13). Said 
records consist of bank records relating to Defendant and related companies and 
individuals, and related documents. Said records are accompanied by a certification 
of a qualified custodian that meets the requirements of Rules 902(11) and (13) and 
803(6)(A)–(C). See Ex. D. 
 
Fifth, the United States intends to offer at trial self-authenticating records 
from Capri Holdings Limited (“Capri Holdings”), which operates the Versace product 
line, pursuant to Federal Rule of Evidence 902(11) and (13). Said records consist of 
Versace receipts and sales transaction records relating to Defendant, and related 
documents. Said records are accompanied by a certification of a qualified custodian 
that meets the requirements of Rules 902(11) and (13) and 803(6)(A)–(C). See Ex. E. 
 
Sixth, the United States intends to offer at trial self-authenticating records 
from Cross River Bank pursuant to Federal Rule of Evidence 902(11). Said records 
consist of documents relating to a Paycheck Protection Program (PPP) loan, and 
related documents. Said records are accompanied by a certification of a qualified 
custodian that meets the requirements of Rules 902(11) and 803(6)(A)–(C). See Ex. F. 
 
Seventh, the United States intends to offer at trial self-authenticating records 
from EFCU Financial Federal Credit Union (“EFCU”) pursuant to Federal Rule of 
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Evidence 902(11) and (13). Said records consist of documents relating to person for 
whom Defendant applied for an Economic Injury Disaster Loan, and related 
documents. Said records are accompanied by a certification of a qualified custodian 
that meets the requirements of Rules 902(11) and (13) and 803(6)(A)–(C). See Ex. G. 
 
Eighth, the United States intends to offer at trial self-authenticating records 
from the Georgia Department of Revenue (“Ga. Dept. of Revenue”) pursuant to 
Federal Rule of Evidence 902(4), (11) and (13). Said records consist of vehicle title 
histories for three vehicles registered to Defendant, and related documents. Said 
records are accompanied by a certification of a qualified custodian that meets the 
requirements of Rules 902(4), (11) and (13) and 803(6)(A)–(C). See Ex. H. 
 
Nineth, the United States intends to offer at trial self-authenticating records 
from Google LLC (“Google”) pursuant to Federal Rule of Evidence 902(11) and (13). 
Said records consist of documents relating to a series of Google Accounts listed in the 
certification, and related documents. Said records are accompanied by certifications 
of a qualified custodian that meet the requirements of Rules 902(11) and (13) and 
803(6)(A)–(C). See Ex. I. 
 
Tenth, the United States intends to offer at trial self-authenticating records 
from Harvest Small Business Finance, LLC (“Harvest”) pursuant to Federal Rule of 
Evidence 902(11). Said records consist of documents relating to a Paycheck Protection 
Program (PPP) loan, and related documents. Said records are accompanied by a 
certification of a qualified custodian that meets the requirements of Rules 902(11) 
and 803(6)(A)–(C). See Ex. J. 
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Eleventh, the United States intends to offer at trial self-authenticating records 
from Kabbage Inc. (“Kabbage”) pursuant to Federal Rule of Evidence 902(11). Said 
records consist of documents relating to a Paycheck Protection Program (PPP) loan, 
and related documents. Said records are accompanied by a certification of a qualified 
custodian that meets the requirements of Rules 902(11) and 803(6)(A)–(C). See Ex. 
K. 
 
Twelfth, the United States intends to offer at trial self-authenticating records 
from Leith Inc. (“Leith”), which does business as Mercedes-Benz of Raleigh, pursuant 
to Federal Rule of Evidence 902(11) and (13). Said records consist of a bill of sale, 
payment receipts, and other documents relating to Defendant. Said records are 
accompanied by a certification of a qualified custodian that meets the requirements 
of Rules 902(11) and (13) and 803(6)(A)–(C). See Ex. L. 
 
Thirteenth, the United States intends to offer at trial self-authenticating 
records from MidSouth Community Federal Credit Union (“MidSouth”) pursuant to 
Federal Rule of Evidence 902(11) and (13). Said records consist of documents relating 
to person for whom Defendant applied for an Economic Injury Disaster Loan, and 
related documents. Said records are accompanied by a certification of a qualified 
custodian that meets the requirements of Rules 902(11) and (13) and 803(6)(A)–(C). 
See Ex. M. 
 
Fourteenth, the United States intends to offer at trial self-authenticating 
records from Navy Federal Credit Union (“Navy Federal”) pursuant to Federal Rule 
of Evidence 902(11) and (13). Said records consist of bank records relating to 
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Defendant and the charged conduct, and related documents. Said records are 
accompanied by certifications of a qualified custodians that meet the requirements of 
Rules 902(11) and (13) and 803(6)(A)–(C). See Ex. N & O. 
 
Fifteenth, the United States intends to offer at trial self-authenticating records 
from Pike National Bank pursuant to Federal Rule of Evidence 902(11). Said records 
consist of documents relating to person for whom Defendant applied for an Economic 
Injury Disaster Loan, and related documents. Said records are accompanied by a 
certification of a qualified custodian that meets the requirements of Rules 902(11and 
803(6)(A)–(C). See Ex. P. 
 
Sixteenth, the United States intends to offer at trial self-authenticating 
records from Prestamos CDFI, LLC (“Prestamos”), a division of Chicanos Por La 
Causa Inc. pursuant to Federal Rule of Evidence 902(11). Said records consist of 
documents relating to Paycheck Protection Program (PPP) loans, and related 
documents. Said records are accompanied by certifications of qualified custodians 
that meet the requirements of Rules 902(11) and 803(6)(A)–(C). See Ex. Q, R, S, & T. 
 
Seventeenth, the United States intends to offer at trial self-authenticating 
records from Regions Bank (“Regions”) pursuant to Federal Rule of Evidence 902(11) 
and (13). Said records consist of bank records relating to Defendant, Defendant’s 
purported companies, and an individual for whom Defendant obtained an Economic 
Injury Disaster Loan, along with documents relating to Paycheck Protection Program 
(PPP) loans, and related documents. Said records are accompanied by a certification 
of a qualified custodian that meets the requirements of Rules 902(11) and (13) and 
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803(6)(A)–(C). See Ex. U, V, & W. 
 
Eighteenth, the United States intends to offer at trial self-authenticating 
records from Robinhood Financial, LLC (“Robinhood”) pursuant to Federal Rule of 
Evidence 902(11) and (13). Said records consist of financial documents relating to 
Defendant, and related documents. Said records are accompanied by a certification 
of a qualified custodian that meets the requirements of Rules 902(11) and (13) and 
803(6)(A)–(C). See Ex. X. 
 
Nineteenth, the United States intends to offer at trial self-authenticating 
records from SunTrust Bank (“SunTrust”) pursuant to Federal Rule of Evidence 
902(11) and (13). Said records consist of documents relating to bank account(s) owned 
by and credit card(s) held by Defendant, and related documents. Said records are 
accompanied by a certification of a qualified custodian that meets the requirements 
of Rules 902(11) and (13) and 803(6)(A)–(C). See Ex. Y. 
 
Twentieth, the United States intends to offer at trial self-authenticating 
records from Synovus Financial Corp. (“Synovus”) pursuant to Federal Rule of 
Evidence 902(11) and (13). Said records consist of documents relating to bank 
account(s) owned by Defendant, and related documents. Said records are 
accompanied by a certification of a qualified custodian that meets the requirements 
of Rules 902(11) and (13) and 803(6)(A)–(C). See Ex. Z. 
 
Twenty-first, the United States intends to offer at trial self-authenticating 
records from Wells Fargo Bank, N.A. (“Wells Fargo”) pursuant to Federal Rule of 
Evidence 902(11) and (13). Said records consist of documents relating to person for 
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whom Defendant applied for an Economic Injury Disaster Loan, and related 
documents. Said records are accompanied by a certification of a qualified custodian 
that meets the requirements of Rules 902(11) and (13) and 803(6)(A)–(C). See Ex. AA. 
 
Twenty-second, the United States intends to offer at trial self-authenticating 
records from Yahoo Inc. (“Yahoo”) pursuant to Federal Rule of Evidence 902(11) and 
(13). Said records consist of documents relating to Yahoo Accounts listed in the 
certifications, and related documents. Said records are accompanied by certifications 
of a qualified custodian that meet the requirements of Rules 902(11) and (13) and 
803(6)(A)–(C). See Ex. BB & CC. 
The records and certifications generated by AT&T, Bank of America, Benworth 
Capital, Cadence Bank, Capri Holdings, Cross River Bank, EFCU, Ga. Dept. of 
Revenue, Google, Harvest, Kabbage, Leith, MidSouth, Navy Federal, Pike National 
Bank, Prestamos, Regions, Robinhood, SunTrust, Synovus, Wells Fargo, and Yahoo 
have been produced in discovery and made available to defense counsel for inspection. 
This 26th day of October 2022. 
Respectfully submitted, 
DAVID H. ESTES 
UNITED STATES ATTORNEY 
 
/s/ Jonathan A. Porter    
JONATHAN A. PORTER 
Assistant United States Attorney 
Georgia Bar No. 725457 
U.S. Attorney’s Office 
 
Email: Jonathan.Porter@usdoj.gov 
Post Office Box 8970  
Savannah, Georgia 31412 
Telephone:  (912) 652-4422 
Facsimile:  (912) 652-4227 
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CERTIFICATE OF SERVICE 
This is to certify that I have on this day served all the parties in this case in 
accordance with the notice of electronic filing (ANEF@) which was generated as a result 
of electronic filing in this Court. 
This 26th day of October 2022. 
Respectfully submitted, 
 
 
 
 
 
DAVID H. ESTES 
 
 
 
 
 
UNITED STATES ATTORNEY 
 
/s/ Jonathan A. Porter    
JONATHAN A. PORTER 
Assistant United States Attorney 
Georgia Bar No. 725457 
Email: Jonathan.Porter@usdoj.gov 
 
  
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